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Shown Here:Introduced in Senate (09/17/2013)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1508 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1508
To authorize the Administrator of the Environmental Protection Agency
to establish a program of awarding grants to owners or operators of
water systems to increase the resiliency or adaptability of the systems
to any ongoing or forecasted changes to the hydrologic conditions of a
region of the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17, 2013
Mr. Cardin (for himself, Mrs. Boxer, and Mr. Reid) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To authorize the Administrator of the Environmental Protection Agency
to establish a program of awarding grants to owners or operators of
water systems to increase the resiliency or adaptability of the systems
to any ongoing or forecasted changes to the hydrologic conditions of a
region of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Resiliency and
Sustainability Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Hydrologic condition.--The term ``hydrologic
condition'' means the quality, quantity, or reliability of the
water resources of a region of the United States.
(3) Owner or operator of a water system.--
(A) In general.--The term ``owner or operator of a
water system'' means an entity (including a regional,
State, tribal, local, municipal, or private entity)
that owns or operates a water system.
(B) Inclusions.--The term ``owner or operator of a
water system'' includes--
(i) a non-Federal entity that has
operational responsibilities for a federally,
tribally, or State-owned water system; and
(ii) an entity established by an agreement
between--
(I) an entity that owns or operates
a water system; and
(II) at least 1 other entity.
(4) Water system.--The term ``water system'' means--
(A) a community water system (as defined in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
(B) a treatment works (as defined in section 212 of
the Federal Water Pollution Control Act (33 U.S.C.
1292)), including a municipal separate storm sewer
system (as that term is used in that Act (33 U.S.C.
1251 et seq.));
(C) a decentralized wastewater treatment system for
domestic sewage;
(D) a groundwater storage and replenishment system;
(E) a system for transport and delivery of water
for irrigation or conservation; or
(F) a natural or engineered system that manages
floodwater.
SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.
(a) Program.--The Administrator shall establish and implement a
program, to be known as the ``Water Infrastructure Resiliency and
Sustainability Program'', under which the Administrator shall award
grants for each of fiscal years 2014 through 2018 to owners or
operators of water systems for the purpose of increasing the resiliency
or adaptability of the water systems to any ongoing or forecasted
changes (based on the best available research and data) to the
hydrologic conditions of a region of the United States.
(b) Use of Funds.--As a condition on receipt of a grant under this
Act, an owner or operator of a water system shall agree to use the
grant funds exclusively to assist in the planning, design,
construction, implementation, operation, or maintenance of a program or
project that meets the purpose described in subsection (a) by--
(1) conserving water or enhancing water use efficiency,
including through the use of water metering and electronic
sensing and control systems to measure the effectiveness of a
water efficiency program;
(2) modifying or relocating existing water system
infrastructure made or projected to be significantly impaired
by changing hydrologic conditions;
(3) preserving or improving water quality, including
through measures to manage, reduce, treat, or reuse municipal
stormwater, wastewater, or drinking water;
(4) investigating, designing, or constructing groundwater
remediation, recycled water, or desalination facilities or
systems to serve existing communities;
(5) enhancing water management by increasing watershed
preservation and protection, such as through the use of natural
or engineered green infrastructure in the management,
conveyance, or treatment of water, wastewater, or stormwater;
(6) enhancing energy efficiency or the use and generation
of renewable energy in the management, conveyance, or treatment
of water, wastewater, or stormwater;
(7) supporting the adoption and use of advanced water
treatment, water supply management (such as reservoir
reoperation and water banking), or water demand management
technologies, projects, or processes (such as water reuse and
recycling, adaptive conservation pricing, and groundwater
banking) that maintain or increase water supply or improve
water quality;
(8) modifying or replacing existing systems or constructing
new systems for existing communities or land that is being used
for agricultural production to improve water supply,
reliability, storage, or conveyance in a manner that--
(A) promotes conservation or improves the
efficiency of use of available water supplies; and
(B) does not further exacerbate stresses on
ecosystems or cause redirected impacts by degrading
water quality or increasing net greenhouse gas
emissions;
(9) supporting practices and projects, such as improved
irrigation systems, water banking and other forms of water
transactions, groundwater recharge, stormwater capture,
groundwater conjunctive use, and reuse or recycling of drainage
water, to improve water quality or promote more efficient water
use on land that is being used for agricultural production;
(10) reducing flood damage, risk, and vulnerability by--
(A) restoring floodplains, wetland, and upland
integral to flood management, protection, prevention,
and response;
(B) modifying levees, floodwalls, and other
structures through setbacks, notches, gates, removal,
or similar means to facilitate reconnection of rivers
to floodplains, reduce flood stage height, and reduce
damage to properties and populations;
(C) providing for acquisition and easement of
flood-prone land and properties in order to reduce
damage to property and risk to populations; or
(D) promoting land use planning that prevents
future floodplain development;
(11) conducting and completing studies or assessments to
project how changing hydrologic conditions may impact the
future operations and sustainability of water systems; or
(12) developing and implementing measures to increase the
resilience of water systems and regional and hydrological
basins, including the Colorado River Basin, to rapid hydrologic
change or a natural disaster (such as tsunami, earthquake,
flood, or volcanic eruption).
(c) Application.--To seek a grant under this Act, the owner or
operator of a water system shall submit to the Administrator an
application that--
(1) includes a proposal for the program, strategy, or
infrastructure improvement to be planned, designed,
constructed, implemented, or maintained by the water system;
(2) provides the best available research or data that
demonstrate--
(A) the risk to the water resources or
infrastructure of the water system as a result of
ongoing or forecasted changes to the hydrologic system
of a region, including rising sea levels and changes in
precipitation patterns; and
(B) the manner in which the proposed program,
strategy, or infrastructure improvement would perform
under the anticipated hydrologic conditions;
(3) describes the manner in which the proposed program,
strategy, or infrastructure improvement is expected--
(A) to enhance the resiliency of the water system,
including source water protection for community water
systems, to the anticipated hydrologic conditions; or
(B) to increase efficiency in the use of energy or
water of the water system; and
(4) describes the manner in which the proposed program,
strategy, or infrastructure improvement is consistent with an
applicable State, tribal, or local climate adaptation plan, if
any.
(d) Priority.--
(1) Water systems at greatest and most immediate risk.--In
selecting grantees under this Act, subject to section 4(b), the
Administrator shall give priority to owners or operators of
water systems that are, based on the best available research
and data, at the greatest and most immediate risk of facing
significant negative impacts due to changing hydrologic
conditions.
(2) Goals.--In selecting among applicants described in
paragraph (1), the Administrator shall ensure that, to the
maximum extent practicable, the final list of applications
funded for each year includes a substantial number that propose
to use innovative approaches to meet 1 or more of the following
goals:
(A) Promoting more efficient water use, water
conservation, water reuse, or recycling.
(B) Using decentralized, low-impact development
technologies and nonstructural approaches, including
practices that use, enhance, or mimic the natural
hydrological cycle or protect natural flows.
(C) Reducing stormwater runoff or flooding by
protecting or enhancing natural ecosystem functions.
(D) Modifying, upgrading, enhancing, or replacing
existing water system infrastructure in response to
changing hydrologic conditions.
(E) Improving water quality or quantity for
agricultural and municipal uses, including through
salinity reduction.
(F) Providing multiple benefits, including to water
supply enhancement or demand reduction, water quality
protection or improvement, increased flood protection,
and ecosystem protection or improvement.
(e) Cost-Sharing Requirement.--
(1) Federal share.--The share of the cost of any program,
strategy, or infrastructure improvement that is the subject of
a grant awarded by the Administrator to the owner or operator
of a water system under subsection (a) paid through funds
distributed under this Act shall not exceed 50 percent of the
cost of the program, strategy, or infrastructure improvement.
(2) Calculation of non-federal share.--In calculating the
non-Federal share of the cost of a program, strategy, or
infrastructure improvement proposed by a water system in an
application submitted under subsection (c), the Administrator
shall--
(A) include the value of any in-kind services that
are integral to the completion of the program,
strategy, or infrastructure improvement, including
reasonable administrative and overhead costs; and
(B) not include any other amount that the water
system involved receives from the Federal Government.
(f) Davis-Bacon Compliance.--
(1) In general.--All laborers and mechanics employed by
contractors and subcontractors on projects funded directly by
or assisted in whole or in part by this Act shall be paid wages
at rates not less than those prevailing on projects of a
character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of part A of subtitle II of title 40, United States Code
(commonly referred to as the ``Davis-Bacon Act'').
(2) Authority.--With respect to the labor standards
specified in this subsection, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code.
(g) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, and every 3 years thereafter, the Administrator
shall submit to Congress a report that--
(1) describes the progress in implementing this Act; and
(2) includes information on project applications received
and funded annually under this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $50,000,000 for each of fiscal years 2014 through 2018.
(b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the
amount made available to carry out this Act for a fiscal year, not more
than 20 percent may be made available to grantees for activities
described in subsection (b)(10).
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